Smith v. State

This is an appeal from a ruling of the Tippecanoe Circuit Court denying appellant’s petition for leave to withdraw his plea of guilty and to file a plea in abatement. Appellant’s petition and the plea in abatement which he submitted to the court challenged the jurisdiction of the court over the case.

The essential facts which were the basis of appellant’s petition and plea in abatement, here asserted as grounds for review, are as follows: Appellant was arrested on October 1, 1955. On the following day an affidavit was filed in the Lafayette City Court charging him with public indecency, a…